MV Communications Terms and Conditions for co-location services Draft
Last updated 20010524

Terms and Conditions for col-location services

ACCESS AND AUTHORIZATION
Customer authorizes MV and its employees, agents, contractors, and representatives physical access to Customer equipment where such access is necessary to the operation of MV's co-location facility, including taking emergency action or performing any requested and agreed-upon maintenance.

INSTALLATION
Installation of equipment into MV's colo facility is to be performed either by MV personnel or under the supervision of MV personnel, by prior appoinment only.

KEYS
MV may provide Customer with access keys/cards. Customer will notify MV immediately if such access device is lost or stolen. Customer will return access keys/cards immediately upon termination of service.

OWNERSHIP
Customer certifies that equipment colocated at MV is properly owned by or assigned to Customer and that all required licenses are the responsibility of the Customer.

BANDWIDTH FORECAST
Customer shall provide a reasonable forecast of the bandwidth and other resources required, by which MV will set the billing assessment. MV may elect to rate-limit bandwidth to and from customer's co-located system if observed bandwidth use exceeds the estimate.

RENUMBERING
If IP addresses and subnets are allocated to Customer by MV, MV may require Customer to renumber using different IP and subnet assignments. MV will endeavor to provide as much notice as possible in this event.

PUBLICITY and REFERENCE
Customer agrees to allow MV to include Customer's identity in MV's list of customers for reference purposes. Customer agrees to allow MV to provide customer name as a reference.

PAYMENT
Agreement to Pay. Customer agrees to pay the applicable monthly charges set forth on MV's web site for the Services and Equipment purchased by Customer. Billing for the Services shall be monthly in advance. Customer agrees to pay all sums due hereunder in accordance with MV's billing terms in effect at the time such sums become available.

PRICING
MV has the right to revise its monthly charges for the Services at any time. Any such revision will be binding and effective thirty (30) days after posting of the price revision on MV's web site. Customer agrees to periodically review MV's web site to be aware of any such revisions and by continuing to use the Services after any price revision, Customer agrees to be bound by such revisions.

TERMINATION.
Termination Rights. Customer may terminate the Services at any time by providing MV with no less than thirty (30) days written notice of such termination; MV may terminate the Services at any time by providing Customer with no less than thirty (30) days prior notice by verbal, e-mail or mail notice of termination to Customer. Notwithstanding the foregoing, MV may suspend the Services or terminate service for nonpayment or any other breach of the co-location agreement, MV's acceptable usage policies, or these terms and conditions.

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